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VIVEK RUSIA
Lokesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Rusia, J. - This is second application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 20.01.2022 in connection with Crime No.22/2022, registered at Police Station Maheshwar, district Khargone for the offence punishable under Sections 363, 366, 366-A, 376, 376(2)(n) of IPC and Section 5l/6,5J (II) of Protection of Children from Sexual Offences Act, 2012. His first application was dismissed as withdrawn with liberty to renew the prayer after recording the Court statement of the prosecutrix vide order dated 23.05.2022 in M.Cr.C.No.18740/2022.
2. Learned counsel for the applicant submits that first application was dismissed as withdrawn with liberty to renew the prayer after examination of the prosecutrix as he may not influence her. Now she has been examined on 15.09.2022 in which she has fully supported the present applicant and she has also disclosed her age as 20-21 years. In such premises, learned counsel prays for grant of bail to the applicant.
3. Per contra learned counsel for the State opposes the bail application and prays for its rejection by submitting that as per the entry in the scholar register, this prosecutrix was minor at the t
The court's decision to grant bail was based on the prosecutrix's statement supporting the applicant and her disclosure of her age as 20-21 years, despite the State's opposition based on the age reco....
The court considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
POCSO – Rejection of Bail - There is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below.
An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The court considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
The court denied bail based on the minor's age and severity of the charges, emphasizing the protection of children under the law.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
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